Skip to main content

A war won & a battle lost… When police treated complaint as dispute, not criminal act

By Gagan Sethi*

The ingenious means of exploitation in tradition-bound villages of Bhal of Cambay taluka could well remind you of the feudal system.
One such tradition was of members of so-called upper caste in the area — the Durbars— paying money to members of another caste — Bharwads —to steal bullock carts of any Vankar who had acquired this asset (also a sign of economic and social mobility).
After the initial shock, he would get the message via community elders (called mahetars) that if he needed his cart back, he should visit the durbar who would ask him to pay Rs1,500 to Rs3,000 in return for the cart.
We heard of such an incident on one of our visits to Pandad village where we were to train a youth group in 1980. We told the group they should file a police complaint. The nearest police station being Cambay (now Khambhat), we asked if there isn’t a rule of law. There is, we were told. One has to seek permission of the durbar to go to the police station. After a lot of cajoling and a day of deliberations — discussions were done about consequences of ‘waging war’ against durbars and chances of not being paid for work on the field — one landless youth agreed. His father had recently died and he said there would be no pressure on him.
A dozen of us went to the police station and registered the complaint before a PSI whose first words were “Patayi do ne…. (just settle it).” Since we insisted and there was a man from the city in the group, the complaint was filed and a copy taken. However, it took us the whole day. The news had reached the village ahead of us. The Vankar elders were angry at such a transgression and were planning to apologise on behalf of these “juvaniyas” (youngsters).
We returned after telling the group that if they needed any help, they could get in touch with us. Five days later, when we had not heard anything, we got worried and rushed to the village. Just as we entered, the youth group gathered around us, very excited, “We have won!” they beamed. Asked what the police did, they said “We have withdrawn the case. The durbar has agreed to return a new cart.” We were shocked! “Did you say ‘won’? We have lost the battle!” we cried. They said that it had been proved that the durbar was a thief. Else, why would he have given them a new cart, they argued. “We have won the war. Now it will never be repeated,” they said.
The matter was treated as a dispute and not a criminal act. This blurring of understanding of ‘Rule of Law’ continues till today and many police stations, taluka and district judges support the process of ‘compromise’ even when the act is blatantly criminal.
Many years later, I was part of the drafting committee of nyaya panchayat Act with Dr Upendra Baxi, a renowned jurist. Everything was drafted, complete with provisions of designated space for women and dalits and having the possibility of trained paralegals at the village level to settle disputes under the frame work of the Constitution and separate criminal offences from dispute resolution. The Act was shelved as the then government preferred the Gram Nyayalaya, creating another rung of judiciary. Its day must come!

*Author is founder of Janvikas & Centre for Social Justice. First published in DNA

Comments

TRENDING

US govt funding 'dubious PR firm' to discredit anti-GM, anti-pesticide activists?

By Our Representative  The Alliance for Sustainable & Holistic Agriculture (ASHA) has vocally condemned the financial support provided by the US Government to what it calls questionable public relations firms aimed at undermining the efforts of activists opposed to pesticides and genetically modified organisms (GMOs) in India. 

Modi govt distancing from Adanis? MoEFCC 'defers' 1500 MW project in Western Ghats

By Rajiv Shah  Is the Narendra Modi government, in its third but  what would appear to be a weaker avatar, seeking to show that it would keep a distance, albeit temporarily, from its most favorite business house, the Adanis? It would seem so if the latest move of the Ministry of Environment, Forests and Climate Change (MoEFCC) latest to "defer" the Adani Energy’s application for 1500 MW Warasgaon-Warangi Pump Storage Project is any indication.

Bayer's business model: 'Monopoly control over chemicals, seeds'

By Bharat Dogra*  The Corporate Europe Observatory (CEO) has rendered a great public service by very recently publishing a report titled ‘Bayer’s Toxic Trails’ which reveals how the German agrochemical giant Bayer has been lobbying hard to promote glyphosate and GMOs, or trying to “capture public policy to pursue its private interests.” This report, written by Joao Camargo and Hans Van Scharen, follows Bayer’s toxic trail as “it maintains monopolistic control of the seed and pesticides markets, fights off regulatory challenges to its toxic products, tries to limit legal liability, and exercises political influence.” 

Fostered by those in power, hatred 'hasn't been' part of Indian narrative

By Osman Sher*  It is strikingly ironic that the current climate of prevalent hate in India is fostered not by a disruptive fringe of society, but by those in power—individuals entrusted by the citizens to promote their welfare and foster peace and harmony. It is their responsibility to guide and nurture the populace as if they were their flock. 

Muslims 'reject' religious polarisation of Jamaat-e-Islami: Marxist victory in Kulgam, Kashmir

By Bhabani Shankar Nayak*  In the international sphere, an orgy of imperialist violence and wars on multiple fronts is unleashed on the world's population to divide people on religious and nationalist lines, destabilise peace, deepen crises, and control resources in the name of nationalism and religion. Under the guise of fighting Islamic terrorism and exporting the so-called market-led Western democracy, imperialist powers are ghettoising Muslims to control natural resources in various parts of Asia, as well as in Arab and Middle Eastern countries. 

Militants, with ten times number of arms compared to those in J&K, 'roaming freely' in Manipur

By Sandeep Pandey*  The violence which shows no sign of abating in the ongoing Meitei-Kuki conflict in Manipur is a matter of concern. The alienation of the two communities and hatred generated for each other is unprecedented. The Meiteis cannot leave Manipur by road because the next district North on the way to Kohima in Nagaland is Kangpokpi, a Kuki dominated area where the young Kuki men and women are guarding the district borders and would not let any Meitei pass through the national highway. 

Can voting truly resolve the Kashmir issue? Past experience suggests optimism may be misplaced

By Raqif Makhdoomi*  In the politically charged atmosphere of Jammu and Kashmir, election slogans resonated deeply: "Jail Ka Badla, Vote Sa" (Jail’s Revenge, Vote) and "Article 370 Ka Badla, Vote Sa" (Article 370’s Revenge, Vote). These catchphrases dominated the assembly election campaigns, particularly across Kashmir. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

NITI Aayog’s pandemic preparedness report learns 'all the wrong lessons' from Covid-19 response

Counterview Desk The Universal Health Organisation (UHO), a forum seeking to offer "impartial, truthful, unbiased and relevant information on health" so as to ensure that every citizen makes informed choices pertaining to health, has said that the NITI Aayog’s Report on Future Pandemic Preparedness , though labelled as prepared by an “expert” group, "falls flat" for "even a layperson".